The clerk of the court shall issue subpoenas for witnesses at the request of any party or the party's attorney.
12-203.Subpoenas.
Article XII. Judgments - Enforcement · Part 2. Trial of Right of Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires the clerk of court to issue subpoenas for witnesses in a right-of-property trial whenever a party or the party's attorney asks.
Full Text of 735 ILCS 5/12-203
Plain-English Summary
This is a short, functional section. It gives the clerk of the court a plain duty: issue subpoenas for witnesses at the request of any party or that party's attorney in a right-of-property proceeding under this Part.
Because the trial itself skips written pleadings under Section 12-202, the parties still need a way to compel witnesses to appear and testify about who owns the disputed property. Section 12-203 supplies that mechanism without requiring a separate motion or court order before the subpoena issues.
Frequently Asked Questions
Who can request a subpoena under this section?
Any party to the right-of-property proceeding, or that party's attorney, can request one from the clerk of the court.
Does a party need a judge's order to get a subpoena issued?
No. The section directs the clerk to issue subpoenas for witnesses at the mere request of a party or attorney.
What are subpoenas used for in this kind of proceeding?
They compel witnesses to appear and testify at the trial held under Section 12-202 over who owns levied property.
Does this section limit how many subpoenas a party can request?
The text places no numeric limit; it obligates the clerk to issue subpoenas on request.
How does this section relate to the rest of Part 2?
It supports the trial mechanics set out in Section 12-202 by making sure both sides can bring in witnesses despite the absence of formal pleadings.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois right of property trial subpoenawitness subpoena property claim illinoisclerk issue subpoena illinois civil procedure